This offence, sometimes called "Driving Under the Influence" (DUI) or "Driving while Intoxicated" (DWI) is one of the most common criminal offences in Canada. People from all walks of life often find themselves facing the possibility of a criminal record, the loss of driving privileges and higher insurance premiums.

There are three main Impaired Driving offences:

1. Impaired Driving
2. Driving over the Allowable Limit (.08)
3. Refusing to provide a breath sample

The consequences of a conviction are significant. A person who pleads guilty or is found guilty after trial is faced with the following consequences:
1. A minimum fine of $1000
2. A prohibition from driving for a period of one year
3. In Ontario - Anyone convicted of an impaired driving related offence is required to take a course called "Back on Track." The cost of the course is approximately $900.
4. Ignition Interlock Program - In Ontario first time offenders are required to have an ignition interlock device installed on the vehicle that they intend to drive.
5. Insurance premiums will likely triple after a conviction.

To learn more about Impaired driving related offences and the consequences visit the Ontario government website.

Shoplifting
This is the most common type of theft in the criminal courts. If you have no record, the chance of being sentenced to jail is virtually non-existent. Nonetheless, a conviction for theft will leave you with a criminal record which may impact your ability to travel or secure certain types of employment. There are other types of resolutions that can avoid your ending up with a criminal record. It is important to speak to a criminal lawyer before pleading guilty.

Theft from Employer
This is considered a serious form of theft because of the nature of the relationship between an employee and an employer. A theft from an employer involves a breach of trust and quite often the prosecution will seek a jail sentence. To avoid that consequence it is imperative that you consult counsel and obtain advice on how such a charge can be defended.

Credit Card Offences
These offences are specialized property related offences. Quite often the evidence obtained by police is circumstantial and can be successfully challenged. Even in less serious cases, prosecutors often ask the courts to impose jail sentences simply because the aggregate losses to credit card companies are significant. Since every case is different a free consultation with one of the lawyers at 30 Queen St. N. will help to minimize your jeopardy.

There are three circumstances that can form the basis of all assault related offences:

1. When a person intentionally applies force to another person without his or her consent
2. When a person attempts or threatens, through his actions to apply force to another person and either carries out that threat or causes the other person to believe that he has the ability to carry out that threat at that time.
3. When a person openly carrying a weapon or imitation weapon confronts or blocks another person or begs.

When is there valid consent?

In an assault charge the victim of an alleged offence is called the complainant. Consent from a complainant to be touched by the accused is not valid if permission was given while force is being applied, while under threat of the application of force to himself or another person, when given in fraudulent circumstances, or if force is being applied under the exercise of authority.

Consent is not valid if it wasn't given freely by the complainant, who is aware of all the risks of the force to be applied. For this reason, sports participants are not being assaulted if they are injured within the normal course of a game. But, injuries purposefully inflicted and intended to cause harm that are not a normal part of a sport may be considered assault. In the course of a consensual fight, where both parties agree to participate, consent is valid, unless bodily harm is intentionally applied causing a serious hurt or non-trivial injury.

Assault s. 266 CCC

Section 266 is an offence for the simplest form of assault. A requirement of assault is that the person applying force intended to do so. As a result, accidentally bumping into someone will not make out an assault. However, intentional touching even as minor as touching someone's arm without his consent is an assault. As mentioned above, an assault can be made out by threatening another person to apply force to them and having the ability to act on those threats at the time.

Some assault charges can be resolved by other means in a Diversion Program or through a common-law Peace Bond. First-time offenders charged with relatively minor assaults may be approved to participate by making a donation to a charity or completing some community service hours. If Diversion is successfully completed the charges will be withdrawn and will not result in a criminal record.

A common-law Peace Bond under s. 810 CCC allows the accused to enter into a recognizance (an undertaking with the court) to keep the peace and be of good behaviour for a period of no more than 12 months. Upon entering the Peace Bond the charges are withdrawn. However, if the accused breaches the Peace Bond, he will face new criminal charges for breaching a court order.

Assault with a Weapon or Assault Causing Bodliy Harm s. 267*

A person can be charged under s. 267 CCC if it is alleged that while committing an assault, the accused used a weapon or imitation weapon or caused bodily harm to the complainant. A weapon is anything that can be used or intended to be used to cause death or injury to a person or to threaten or intimidate a person. Bodily harm is any injury that is more than "transient or trifling in nature."

Aggravated Assault s. 268*

An aggravated assault is committed when an accused wounds, maims, disfigures or endangers the life of the complainant.

To commit aggravated assault a person does not have to intend to wound, maim or disfigure the complainant. It need only be objectively foreseeable that the accused's assault on the complainant would cause bodily harm. Wounding involves breaking the complainant's skin. Endangering the complainant's life must involve actual endangerment, not just the potential to put him in danger. Consent to this offence is not a defence if injuries to the complainant are caused by the use of a weapon like a knife.

Sentencing for conviction of any of these offences can include one of the following; a conditional or absolute discharge; a suspended sentence; a fine ; a combination of fine and probation; a term of imprisonment; a combination of prison or probation; prison and a fine; an intermittent sentence; or a fine, probation and intermittent sentence. Conviction under an indictment will result in a mandatory firearms prohibition and a mandatory firearms forfieture order. A summary conviction may include a discretionary firearms order. A victim fine surcharge may apply to any conviction. In some instances a person convicted of any of these offences may be required to provide a DNA sample.

Hiring a Lawyer

Do not plead Guilty.

Assault, assault causing bodily harm, aggravated assault, and assault with a weapon are very serious criminal charges. Not only are the repercussions life changing and long term, but if you are found guilty of committing assault the effects can negatively impact your family, career, and future. If you are currently facing charges for assault of any type, it is imperative that you hire an experienced criminal lawyer to protect your future.

Contact one of the lawyers at 30 Queens St. N for a free consultation.

These types of offences often result in a jail sentence due to the number of aggravating factors that surround the entry into a dwelling house. It is essential that you obtain legal representation since many of the cases involve circumstantial evidence. Unless you are caught "in the act" the prosecution evidence will consist of fingerprints, DNA, or "recent possession" of property that can be proven to have been stolen. Retaining a criminal lawyer will insure that you are properly represented.

These types of charges can be successfully defended, but it is essential that you speak to an experienced criminal lawyer before you enter a guilty plea. Do NOT plead guilty until you have had a consultation with one of the lawyers at 30 Queen St. N.

Robbery is one of the most serious crimes in Canada and it carries a penalty of up to life in prison. If a firearm is used in the robbery, the Criminal Code requires that a court impose a minimum four year sentence. Robbery may be committed in four ways.

343. Every one commits robbery who
(a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;
(b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;
(c) assaults any person with intent to steal from him; or
(d) steals from any person while armed with an offensive weapon or imitation thereof.

Robbery varies greatly in the manner in which it may be committed. It may occur when someone steals a baseball cap and threatens to hit the person if that person resists. Or, it may involve a sophisticated robbery of a home or jewellery store with the use of a firearm. Obviously, the penalty will vary greatly, but regardless of the manner in which the offence occurs, a period in jail is the usual outcome. For that reason it is important to consult and retain an experienced criminal lawyer to examine the evidence and obtain the best possible result.

Contact one of the criminal lawyers at 30 Queen St. N. for a free consultation.

As the heading suggests, any type of offences where there is any element of actual or threatened violence will qualify as a violent crime. The offences may range from a minor assault right up to 1st Degree Murder.

Violent crimes may involve the actual use of weapons or simply the threat to use a weapon.
Violent offences may occur in domestic relationships in which case different procedures are followed by both police and prosecutors.
Offences such as robbery, uttering threats, assault, and weapons offences all fall under the broad heading of violent offences.

Any offence of violence is a serious charge that has the potential to lead to jail time. If you are arrested for any offence of violence, do not give any information to the police other than your name and other identifiers (e.g. birth date, address). Insist upon speaking to a lawyer immediately.

Our lawyers accept phone calls 24 hours a day. You can ask the police to contact one of the lawyers at 30 Queen Law or duty counsel.

The police are not interviewing you to obtain evidence of your innocence or to find out what really happened. They are, instead, trying to find facts that they can use against you. Additionally, if your case goes to trial and there is a deviation between your sworn testimony (if you choose to testify) and your statement to the police, no matter how trivial, the Crown Attorney will attack your personal credibility." />
Common tricks are for a police officer to say something like, "Look, if nothing happened, just tell us and you'll be okay," or, "It's your right not to say anything, but I know if I was accused of beating my child and I hadn't done it, I'd sure want my version on the record," or, "Let's go outside for a walk in the hall, just the two of us, no notebooks," or, "If you talk to us now, things will be a lot easier on you later." Do not give a statement; instead insist on contacting a lawyer. If you do not wish to contact a private lawyer, you can speak with legal aid duty counsel, available 24 hours.

Whether you have been arrested or have been contacted by the police to "meet" with them and give them "your side of the story", do not speak to the police until you have spoken to a criminal lawyer.  

Anyone who utters a threat to another person commits a criminal offence. The offence may be committed by verbally threatening someone or it may be committed by telephone, e-mail, letter or any one of the many technologies now available. The offence is made out if it is directed to the person who is threatened, or if it is said or sent to an intermediary. It makes no difference if the intermediary passes on the threat to the intended recipient or not.

Threats may include the following:

a) to cause death or bodily harm to any person
b) to burn, destroy or damage real or personal property
c) to kill, poison or injure an animal or bird that is the property of any person

There are numerous factors that must be proven to have been present before a person can be found guilty; therefore it is imperative that anyone charged with such an offence contact an experienced criminal lawyer.

Do not plead guilty. Contact one of the criminal lawyers at 30 Queen St. N. for a free consultation.

Our office is well-versed in handling drug-related cases, We have defended cases ranging from production of marijuana, cocaine and ecstasy, trafficking in all types of substances including heroine and prescription medications, importation charges, and in more complex cases, large scale conspiracies, We have often been retained on proceeds cases, including seizures of large sums of money that are alleged to have been obtained through drug trafficking. Many of these cases involve additional charges regarding possession of weapons. A detailed approach to defending these cases is vital to achieving any success for clients.

A conviction on even a relatively minor drug crime can carry lasting and serious implications, and the potential for a severe penalty in a significant drug trafficking or importation charge is immediately evident. The reality is that drug charges demand the attention of experienced and effective legal counsel with the tools and resources to build a creative and sophisticated defence.

We have the experience to challenge law enforcement and prosecution on search warrants, wire-taps and surveillance. As a respected leader in trial advocacy for our clients, we can make constitutional challenges to your arrest and protect your rights at every stage.

Even if you are facing a relatively minor fine for marijuana or cocaine possession or a minimum jail sentence, it is important to realize that a drug conviction can have unexpected consequences. It can affect where you work, where you live and where you are allowed to travel. 

Our defence firm is meticulous in the preparation of cases for trial. We have the resources including those involving:

Drug Crimes
Drug Possession
Drug Trafficking
Production of Drugs
Drug Importing

Do NOT plead guilty. Contact one of our lawyers for a free consultation.

Criminal charges that arise out of a domestic situation are viewed more seriously by the Crown and the Courts than the same criminal charges arising from non-domestic contexts. The Crown prosecutor is more likely to ask for jail for a crime involving a domestic relationship than for a crime involving a stranger, and the Court is more likely to grant a harsher sentence. This is because people in domestic relationships are in positions of trust toward each other, and it is considered aggravating when one of the parties abuses that trust. It is therefore important to determine whether the Crown has in fact designated your charges as involving domestic violence.

Some of the more common types of offences that occur in a domestic setting include the following: 

* Assault
* Threats
* Assault with a Weapon
* Assault Causing Bodily Harm
* Choking
* Break and Enter
* Unlawfully in a dwelling
* Unlawful Confinement
* Sexual Assault
* Criminal Harassment
* Extortion
* Various Breaches of Conditions

Bail Conditions for Domestic Charges

Upon being charged with an offence involving domestic violence, you can expect to be placed on very strict conditions. The most onerous of these are possible restrictions on your place of residence, and on your ability to contact the alleged victim, and other family members (like your children).

If you share a home with the victim, you will most likely not be allowed to go back home until your case is resolved; which may take weeks or months. Even if you are paying the rent, even if you are on the lease, even if you own the home, you will not be allowed to return home. At least for the short term, make alternate arrangements as soon as possible until this can be changed. One short term measure that the Crown prosecutor may agree to, even without counsel input, is to allow an exception of a one-time attendance at the home to retrieve personal belongings with a police escort. There are several further measures that can be taken to get you access to your residence, such as hiring a family lawyer to remove the other party from the residence, or making a court application for access to the residence should the appropriate circumstances warrant such a remedy.

If the alleged victim of domestic violence is a spouse, it is quite common for the no contact condition to include not only the spouse, but also the children of the relationship. The 'no contact' condition means you cannot send the named person(s) any messages either personally or through other people or mediums. This often places significant strains on all parties involved, both emotional and financial. Moreover, when children are implicated, child welfare services also become involved, making changing conditions to allow contact even harder.

Sometimes the alleged victims of domestic violence take it upon themselves to contact the Crown Prosecutor, or the domestic violence victim assistance unit to make known that they want contact. However, even if the alleged victim wants contact, child welfare and the Crown Prosecutor may refuse to change those conditions.

There are typically no quick or certain measures that will guarantee contact. However, one thing you can do as the accused person is to engage in counselling as soon as possible. There are numerous domestic violence programs available in Waterloo Region. If alcohol is involved, do some alcohol counselling. Participating in such programs is not an admission of guilt. Rather, it will most likely address some of the concerns the Crown and child welfare workers may have about allowing you contact with the parties involved.

How to Defend Your Domestic Violence Case

Once the conditions are relaxed, you can focus on dealing with the substantive charges. As with most cases, it is important to write down as much as possible as soon as possible. You have to remember that the other person(s) involved in the incident likely wrote down down what occurred right away during an interview with police.  In order for your version of events to be most credible, you need to put it on paper while the memories are still fresh in your mind. Think about drawing a diagram of the area where the incident occurred to provide a better account of what happened.

Beyond writing down what happened, think of peripheral evidence that will support your case. If you were injured, take pictures and obtain a medical report. If you had further discussion about the matter, or prior discussions shedding light on the incident, save the emails, text messages, voicemails, etc. that support your case.

Do not plead guilty. There are many ways to defend or resolve domestic violence charges, but you must speak to an experienced criminal lawyer before doing anything. Contact one of the criminal lawyers at 30 Queen St. N. for a free consultation.

Breaches of any court order are viewed seriously by both the courts and prosecutors. Quite often prosecutors will ask for a jail sentence if a person is convicted of a breach of a court order.

These types of cases are technical in nature and may be successfully defended by an experienced criminal lawyer.

Contact one of the criminal lawyers at 30 Queen St. N. for a free consultation.